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1701-Jan 10 Planning & Development Department 102 West Main Street  Prattville, Alabama 36067  334-595-0500  334-361-3677 Facsimile planning.prattvilleal.gov CITY OF PRATTVILLE BOARD OF ZONING ADJUSTMENT A G E N D A January 10, 2017 4:00pm Call to Order: Roll Call: Chairman Leo Jamieson, Vice-Chairman James Miles, Mr. Jerry Cimis, Mr. Mac Macready, and Mrs. Jerry Schannep. Minutes: December 13, 2016 Old Business: None New Business: 1. 170110-01 VARIANCE To encroach 3’ into the required 10’ side yard. 642 Cardinal Lane R-2 Zoning District (Single Family Residential) James D. Gilliam, Petitioner District 7 Miscellaneous: Adjourn Prattville Board of Zoning Adjustment January 10, 2017Minutes Page 1of 2 City of Prattville Board of Zoning Adjustment Minutes January 10, 2017 CALL TO ORDER: The regular meeting of the Prattville Board of Zoning Adjustment (BZA) was called to order by Chairman Leo Jamieson at 4:04 p.m. on Tuesday,January 10, 2017. ROLL CALL: Present Chairman Leo Jamieson,Vice-Chairman James Miles,Mr. Gerald Cimis,Chief Michael Whaley,and Mr.Jerry Crosby.Absent:Mrs. Jerry Schannep. Quorum Present Staff present:Mr. Joel Duke, City Planner and Ms. Alisa Morgan, Secretary. Chairman Jamieson stated the governing rules for the Prattville Board of Zoning Adjustment according to the Code of Alabama, 1975 and the procedure of the meeting. MINUTES: Vice-Chairman Miles moved to approve the minutes of the December 13, 2016 meeting as corrected. Mr. Crosby seconded the motion. The motion passed unanimously. OLD BUSINESS: There was no old business to discuss. NEW BUSINESS: VARIANCETo encroach 3’into the required 10’ side yard. 642 Cardinal Lane R-2 Zoning District (Single Family Residential) James D. Gilliam, Petitioner Mr. Duke introduced the request for a variance to encroach into the side yard setback at 642 Cardinal Lane.The request is for an attached carport cover on the east side of the property. He stated that the lot has an existing parking pad and has a side yard greater than 10’ which was determined after inspection.The Planning Department determined that the proposed attached 11’ x 29’ carport wouldencroach 3’ into the required side setback on the east side of the main structure. Based on this determination, Permit Application was denied. James D.Gilliam,property owner,stated that the he has resided at 642 Cardinal Lane for 33 years. He stated that his wife has undergone open heart surgery and suffers with several other medical conditions. He stated that the use of a covered carport is greatly needed to help with transporting her to the car during inclement weather. He stated that the covered carport would also help to keep the stains from the neighbors oak tree off his car. Chairman Jamieson opened the public hearing. Lester Taylor of Airflow Awning who is the contractor to cover the carport submitted sample drawings of proposed carport cover.He stated that the cover will have gutters with downspout to run water away from property lines. Mr. Cimis asked if the awning could be made 8’ wide vs. 11’ wide. Mr. Taylor stated that the support post would interfere with door opening if the width is less than 11’. Prattville Board of Zoning Adjustment January 10, 2017Minutes Page 2of 2 Allen Duncan of Airflow Awning, stated that there are two existing steps that extends from the house that would make it difficult to maneuver around with the 8’ dimension. After no further comments, the public hearing was closed. Mr.Cimis stated that health hardships does not qualify as an acceptable hardship, it must be a uniqueness to the land. He asked Mr. Duke if the structure was detached would it meet the side yard requirements. Mr. Duke stated that if the structure was detached it would have to be located in the rear yard. Mr.Duncan stated that there is a storage building in the rear yard and a fence that would have to be moved in order to locate the structure in the rear yard. The vote was called. Mr. Cimis moved to establish the finding of facts:1)No special conditions and circumstances exist regarding this structure which are not applicable to other lands, structures, or buildings in the same R-2 zoning district,2)a literal interpretation of the zoning ordinance would not deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of the zoning ordinance, 3) the special conditions and circumstances do result from actions of the applicant,4) the granting of a variance will confer a special privilege on the applicant that is denied by the zoning ordinance to other lands, structures, or buildings in the same R-2 district.Chief Whaley seconded the motion. Chief Whaley stated that the aerial map shows surrounding properties with side yard structures and wanted to know if any of those were approved for variances.Mr. Duke stated that he could not answer definitively if any of those structures had been approved for variances. Chairman Jamieson stated that those properties that have side yard structures have special privilege that the petitioner is seeking. After no further comments, the motion to approve the finding of facts passed unanimously. After no further discussion, the vote was called. The BZA voted by 4/1 to approve the variancerequest to encroach 3’ into the required 10’ side yard. The votes are as recorded. Favor: Mr. Miles, Mr.Crosby, Chief Whaley and Chairman Jamieson. Oppose: Mr. Cimis. The BZA voted to approve the variance for a carport to encroach 3’ into the required 10’ side yard on property at 642 Cardinal Lane. MISCELLANEOUS: Chairman Jamieson stated that the election of officers was deferred at the December meeting. After discussion the election of officers was held. Mr. Cimis moved to reelect the existing officers for an additional year. Mr. Crosby seconded the motion. The motion passed unanimously. Chairman Jamieson acknowledged that he had receive a letter of resignation from Mr. Macready and asked that the secretary submit a formal request for replacement of his seat with alternate member Jerry Crosby who has expressed his desire to serve as a regular member. ADJOURN: After no further comments, questions or discussion the meeting was adjourned at 4:30 p.m. Respectfully submitted, Alisa Morgan,Secretary Board of Zoning Adjustment CITY OF PRATTVILLE Board of Zoning Adjustment Planning Department Staff Report VARIANCE 642 Cardinal Lane BZA Application – 170110-01 DATE January 9, 2017 PROPOSED DEVLOPMENT Petitioner: James D. Gilliam Property Owners: James D. and Carolyn R. Gilliam Agent: Lester Taylor, Air Flow Awning Location: 642 Cardinal Lane Development Status and History Previous Variance Requests/Approvals: No previous variances Conditions of Previous Approvals: N/A Property Configuration Acreage: Approximately 0.24 acres (10,454 square feet) Zoning Classification: R-2, Single Family Residential Relevant Standards: Prattville Zoning Ordinance Section 68 – Definitions. Yard, rear. The yard extending across the entire width of the lot between the main building, including covered porches, and the rear lot line. Yard, side. The yard extending along a side lot line, from the front yard to the rear yard, between the main building, including covered porches and carports, and such lot line. Page 2 of 3 Section 71— R-2 Districts Minimum Lot Size: 10,500 square feet Maximum Lot Coverage: 45% Yard Setbacks: Front: 35’ Rear: 40’ Sides: 10’ Requested Variance: Effective variance as re-stated by staff (see application for applicant statement): Permission to install an attached 11’ x 29’ structure in the east side yard of 642 Cardinal Lane. As an attached structure, it will extend the main structure 3’ in to the required 10’ side yard (7’ from the property line). Statement of Hardship: (taken from application) (Statement by applicant’s agent) “Both Mr. and Mrs. Gilliam are in 80’s. Wife has had open heart surgery. (Carport will) Make easier get in out of weather.” PLANNING STAFF EVALUATION Reviewed by: Joel T. Duke, AICP Site Visits Conducted: August 29, 2016 and September 23, 2016 Recommendation: Recommend denial – hardship is not well defined. Planning Staff Comments: Permit Application 16-001198 was submitted on August 28, 2016. Planning Department staff was not able to determine the location of the east property line based on information provided by the applicant’s agent. (Note that petitioner’s permit application and variance application include a drawing that does not accurately reflect conditions on the ground.) The agent was not able to locate the property corners. Prattville Engineering Department staff located the front and rear corners on the east line. Planning Department determined that the proposed attached 11’ x 29’ carport would encroach 3’ into the required side setback on the Page 3 of 3 east side of the main structure. Based on this determination, Permit Application 16-001198 was denied. State code and best practices require the BZA to measure variance requests against several basic standards. Below is the staff opinion regarding the standards and this request. 1. No special conditions and circumstances exist regarding this structure which are not applicable to other lands, structures, or buildings in the same R-2 zoning district. 2. A literal interpretation of the zoning ordinance would not deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of the zoning ordinance. 3. The special conditions and circumstances do result from actions of the applicant. 4. The granting of a variance will confer a special privilege on the applicant that is denied by the zoning ordinance to other lands, structures, or buildings in the same R-3 district; 5. The granting of a variance is not in harmony with the intent and purposes of the zoning ordinance; 6. A variance may adversely affect the surrounding property, the general neighborhood, or the community as a whole; 7. A variance will not allow the establishment of a use prohibited under the terms of the zoning ordinance in an R-2 district. ATTACHMENTS None. Please see earlier mail out. DATE:12/08/16 CASE FILE NUMBER:170110-01 APPLICATION TYPE:Variance PROPERTY LOCATION or DESCRIPTION: 642 Cardinal Lane PETITIONER(S) ANDAGENT(S):James D. Gilliam Representative: Lester Taylor, Air Flow Awning ZONING DISTRICT(S)R-2 (Single Family Representative) REQUESTED ACTION:Variance to encroach 3’ into the required 10’ side yard. ZONING ORDINANCE REFERENCE: Appendix A-Zoning Ordinance Section 71 Residential district requirements: R-2 District: Minimum Yard Size Front yard -35' Rear Yard –40' Side Yard –10'